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Preferential vote


Guest Salem

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On 12/9/2021 at 12:32 PM, Guest Salem said:

Can I preferential vote member make a motion? Can they second one? Also, when calling for a vote should that member be called first? Or does the order matter? Thank you. 

The term preferential vote member is nowhere in RONR.  What do your bylaws say about such a member?

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On 12/9/2021 at 8:37 PM, Guest Salem said:

It’s a student who is serving on a board of trustees. They don’t have full voting rights, on the right to a preferential vote. 

In order for us to help you, I think you're going to need to provide much more information about the situation. Can you quote from the rule that establishes this position on the board and the members ability to vote?

And it's still not clear what you mean by a preferential vote. The way that term is used in RONR it is a method of voting in an election where each voter can indicate first preference, second preference, etc., among the candidates. But I suspect you are using this term in a completely different way. 

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Here is California Education code:Preferential voting, as used in this section, means a formal expression of opinion that is recorded in the minutes and cast before the official vote of the governing board of the school district. A preferential vote shall not serve in determining the final numerical outcome of a vote. No preferential vote shall be solicited on matters subject to closed session discussion.

 

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It seems to me that because this school district has custom rules that the safest thing to do is to ask the presiding officer these questions before or after a meeting, or if you feel brave enough, stand up during the meeting and seek recognition and say, "Mr. Chairman, I rise to a parliamentary inquiry." and if you are allowed to speak you can then ask the presiding officer these questions.

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As I understand it, while you call yourself a "preferential vote member," you are a "pupil member" as per the California Education Code.

Quote

 

(4) (A) A pupil member of the governing board of a school district shall havpreferential voting rights.

(BPreferential voting, as used in this section, means a formal expression of opinion that is recorded in the minutes and cast before the official vote of the governing board of the school district. A preferential vote shall not serve in determining the final numerical outcome of a vote. No preferential vote shall be solicited on matters subject to closed session discussion.

 

The Education Code goes on to say

Quote

(5) The governing board of the school district may adopt a resolution authorizing the pupil member or members to make motions that may be acted upon by the governing board, except on matters dealing with employer-employee relations pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code.

I am not a lawyer, and you should seek legal advice on interpreting the California Education Code.

That being said: 

You asked: "when calling for a vote should that member be called first?"
"(B) Preferential voting, as used in this section, means a formal expression of opinion that is recorded in the minutes and cast before the official vote of the governing board of the school district."

You asked: "Can I preferential vote member make a motion? Can they second one?"
"(5) The governing board of the school district may adopt a resolution authorizing the pupil member or members to make motions ..."

So, bottom line:

  • When in doubt, always go to the official source documents themselves. Do it yourself as you are the only person that you can trust 100%. (I've given the link to the Education Code above) This is also good advice for other research projects at school.
  • You can ask a Parliamentary Inquiry, but I think you are better off asking the Board's lawyer for advice and assistance.
Edited by Atul Kapur
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